If you are attempting to get compensation after losing a loved one in the form of a wrongful death settlement, there are some important things to be aware of that could affect how much you will personally receive if you win. In certain scenarios, other family members may challenge a wrongful death settlement and attempt to claim some of the funds from the case for themselves. They may claim they deserve a portion and attempt to prove a financial or other type of dependance on the deceased, which you may or may not agree with. This can throw a wrench into the situation in getting a wrongful death settlement settled quickly and getting the needed funds distributed.
People Who May Be Entitled to Part of Your Wrongful Death Settlement
There are multiple parties that may be entitled to compensation in a wrongful death case, most of whom must have been family in some way. One does not have to be related by blood to necessarily have the rights to part of the wrongful death settlement. This can include anyone dependent on the deceased in a financial manner including the spouse, children (either of blood, adopted, or step children), parents, siblings, etc. If another family member outside of the immediate circle lived with or was financially being support by the deceased, they can still challenge the settlement.
In rare cases, non-family members such as friends or friend’s children may have some understanding or agreement in which the deceased was being kind and promising funds to assist the lives of those they care about. If there is any proof of an agreement that for a certain amount of time or for a certain amount of funs the deceased would be financially assisting that person, they too could challenge a wrongful death settlement and lay claim to portions of the funds obtained in the legal battle.
Special Damages Available in a Wrongful Death Settlement
It is important to understand that there are also special damages that can be considered in a wrongful death settlement. These particular special damages are in most cases only available to one’s immediate family such as spouse, children, or parents. Although many personal injury cases have compensation options for things such as pain and suffering, wrongful death settlements can take it a step further.
Special damages that can be covered include:
- Mental anguish – defined as serious depression, anxiety, trauma, or grief which causes significant suffering to an individual
- Sorrow – consistent sadness and depression
- Loss of guidance or advice – if an individual relied on the deceased for guidance through life and day-to-day activities, one can feel lost, alone, or confused and afraid
Contact a Linwood Personal Injury Lawyer to Discuss Your Wrongful Death Case in New Jersey
Did you lose a loved one in an awful accident in New Jersey? During such a difficult time for you and your family, the last thing you need is to battle manipulative insurance companies and other negligent parties. Right now, you need an aggressive wrongful death attorney on your side, fighting to get you the compensation you deserve. The skilled attorneys at The Law Offices of Richard A. Stoloff, LLC represent clients who have lost loved ones in Hamilton, Atlantic City, Somers Point, Ventnor City, and throughout the state of New Jersey. Call (609) 957-6810 or email us to schedule a consultation about your case. We have an office conveniently located a 605 New Road, Linwood, NJ 08221, as well as an office in Philadelphia, PA.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.